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2018 Georgia Code 13-3-25 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 13-3-25 Case Law from Google Scholar Amendments to OCGA 13-3-25

TITLE 13 CONTRACTS

Section 3. Elements and Formation Generally, 13-3-1 through 13-3-47.

ARTICLE 2 CAPACITY OF PARTIES

13-3-25. Intoxicated persons.

A contract made by an intoxicated person is not void, though the intoxication is brought about by the other party, but is merely voidable at the election of the intoxicated person and may be ratified by him expressly or by conduct inconsistent with its rescission.

(Orig. Code 1863, §§ 2691, 2699; Code 1868, §§ 2687, 2695; Code 1873, §§ 2729, 2737; Code 1882, §§ 2729, 2737; Civil Code 1895, §§ 3647, 3654; Civil Code 1910, §§ 4232, 4239; Code 1933, § 20-207.)

History of section.

- The language of this Code section is derived in part from the decision in Strickland v. Parlin & Orendorf Co., 118 Ga. 213, 44 S.E. 997 (1903).

Cross references.

- Intoxication as defense to criminal action, § 16-3-4.

JUDICIAL DECISIONS

Rights of one unaware of and having no part in other party's drunkenness not affected.

- That one endorsed obligation while in drunken condition will not affect rights of payee who had no knowledge of such drunkenness and no hand in causing the drunkenness. Abbeville Trading Co. v. Butler, Stevens & Co., 3 Ga. App. 138, 59 S.E. 450 (1907).

O.C.G.A.

§ 13-3-25 will not relieve one who is voluntarily intoxicated unless other party has notice. - One is not to be relieved of one's contract made while one was under influence of voluntary drunkenness brought about in no wise by instigation of other party, unless intoxication was so great as to deprive that person of use of the person's reasoning faculties and other party had notice of the person's condition. Abbeville Trading Co. v. Butler, Stevens & Co., 3 Ga. App. 138, 59 S.E. 450 (1907); Bing v. Bank of Kingston, 5 Ga. App. 578, 63 S.E. 652 (1909); Hall v. Langford, 18 Ga. App. 73, 88 S.E. 918 (1916).

One voluntarily intoxicated may enter binding contract absent fraud or imposition.

- Voluntary intoxication short of deprivation of reason, unless opposite party has contributed to produce the intoxication, will not disable person to waive right or to bind oneself by contract, in absence of fraud or imposition. Weldon v. Colquitt, 62 Ga. 449, 35 Am. R. 128 (1879).

Cited in Strickland v. Parlin & Orendorf Co., 118 Ga. 213, 44 S.E. 997 (1903); Parks v. Harper, 43 Ga. App. 269, 158 S.E. 454 (1931); McKaig v. Hardy, 196 Ga. 582, 27 S.E.2d 11 (1943); Douglas v. Sumner, 213 Ga. 82, 97 S.E.2d 122 (1957); Lynch v. State, 164 Ga. App. 317, 296 S.E.2d 179 (1982); Southern Ry. v. Lawson, 256 Ga. 798, 353 S.E.2d 491 (1987).

RESEARCH REFERENCES

Lack of Capacity to Form Specific Intent - Voluntary Intoxication, 5 POF2d 189.

C.J.S.

- 17 C.J.S., Contracts, § 133(2). 17A C.J.S., Contracts, §§ 414, 418(3), 438 et seq., 605, 614.

ALR.

- Relief in equity from deed on ground of intoxication, 6 A.L.R. 331.

Inference from circumstances of bad faith on part of persons receiving property from one who received it from an incompetent, 19 A.L.R. 67.

Intoxication as ground for avoiding contract, 36 A.L.R. 619.

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